Mahamaya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23215 of 2022 Arising Out of PS. Case No.-135 Year-2020 Thana- BHITAHA District- West Champaran ====================================================== 1.

MAHAMAYA DEVI wife of Rajesh Yadav Resident of Village - Misraulli, Police Station - Bhitaha, District - West Champaran at Bettiah. 2.

BHUWAR KUMAR @ RINTU RAY Son of Late Sriram Resident of Village - Misraulli, Police Station - Bhitaha, District - West Champaran at Bettiah.

3.

VIRAT KUMAR @ VIRAT KUMAR RAY Son of Om Prakash Ray Resident of Village - Misraulli, Police Station - Bhitaha, District - West Champaran at Bettiah.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjana, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2022 Heard learned counsel for the petitioners and learned APP for the State.

Vide order dated 06.07.2022, the anticipatory bail application filed in respect of petitioner no.1 (Mahamaya Devi) has already been dismissed as withdrawn.

So far petitioner nos.2 and 3 are concerned, they are apprehending their arrest in a case registered for the offence punishable under Sections 366A and 504/34 of the Indian Penal Code and Sections 8 and 12 of the POCSO Act.

Allegedly, the minor daughter of the informant was enticed away by co-accused, Manoj Mishra with the help of other accused persons with bad intention to get her married.

Patna High Court CR. MISC. No.23215 of 2022(3) dt.10-10-2022 2/2 It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that the victim girl in her statement recorded under Section 164 Cr.P.C. has herself stated that she eloped with one Mantu Ray, went Rajasthan and they get married and started living together.

Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioner Nos.2 Bhuwar Kumar @ Rintu Ray and 3. Virat Kumar @ Virat Kumar Ray in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge -VII-cum-Special Judge, POCSO Act, Bettiah West Champaran in connection with Bhitaha Police Station Case No.135 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U